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Res 2003-120
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Res 2003-120
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Last modified
2/10/2004 2:32:37 PM
Creation date
10/17/2003 8:39:14 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-120
Date
7/14/2003
Volume Book
152
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for personal injuries, death or damages to property. This obligation by Engineer will not be limited <br />by reason of the specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 The Engineer will procure and maintain at Engineer's expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by Engineer or Engineer's agents, subcontractor or employees. <br />Before commencing the work the Engineer will furnish to the City a certificate or certificates in form <br />satisfactory to the City, showing that Engineer has complied with this paragraph. All certificates will <br />provide that the policy will not be changed or canceled until at least 30 days va'itten notice will have <br />been given to the City, and will name the City as an additional insured on all coverages except <br />workers' compensation and professional liability. The kinds and amounts of insurance required are <br />as follows: <br /> <br /> Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <br /> Liability Insurance: (1) Commercial general liability insurance with a combined single limit of <br />$500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance <br />in an amount not less than $250,000 for injuries to any one person, $500,000 on account of any one <br />accident and in an anmunt of not less than $250,000 for property damage and (3) professional <br />liability coverage to cover lawful claims arising in connection with this Project in the combined <br />single limit amount of at least $500,000. <br /> <br /> The stated limits of insurance required by this Paragraph are minimum only--they_do not limit <br />the Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine what <br />limits are adequate. These limits may be basic policy limits or any combination of basic limits and <br />umbrella limits. The City's acceptance of Certificates of Insurance that do not comply with these <br />requirements in any respect does not release the Engineer fi'om compliance with these requirements. <br /> <br /> ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any <br />dispute arising under this Agreement is in Hays County, Texas. <br /> <br />10.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of the <br />subject act(s) or failure(s) to act. <br /> <br />10.3 The Engineer will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate for <br />public office. <br /> <br />CH2M Hill. 2.wpd 17 <br /> <br /> <br />
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